INSURANCE: BAD FAITH: PREMATURE BAD FAITH ACTION; CIVIL PROCEDURE: DISCOVERY: CLAIMS FILE: BUSINESS POLICIES OR PRACTICES; APPEALS: CERTIORARI: CERTIORARI GRANTED AS TO PREMATURE BAD FAITH DISCOVERY: CERTIORARI DENIED AS TO DENIAL OF MOTION TO DISMISS PREMATURE BAD FAITH ACTION WITHOUT PREJUDICE TO FILING MOTION TO ABATE IN TRIAL COURT

United Automobile Insurance Company v. Riverside Medical Associates, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D574 (Fla. 4th DCA March 4, 2015)

The appellate court granted the insurer’s petition for certiorari as to an order granting premature bad faith discovery. “[U]ntil the obligation to provide coverage and damages has been determined, a party is not entitled to discovery related to the claims file[] or to the insurer’s business policies or practices regarding handling of claims.” The appellate court denied the insurer’s petition for certiorari as to the denial of its motion to dismiss the premature bad faith claim but did so without prejudice to filing a motion to abate in the trial court.

To read more briefs in the Insurance: Bad Faith category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/insurance/bad-faith/.

To read more briefs in the Civil Procedure: Discovery category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/civil-procedure/discovery/.

To read more briefs in the Appeals: Certiorari category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/appeals/certiorari/.